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  5. 597 F.Supp.2d 174 (2008)
 

ESTATE OF HALE EX REL. HALE v. PRUDENTIAL INS. CO. OF AMERICA

Civil Action No. 07-40251-FDS.

597 F.Supp.2d 174 (2008)

ESTATE OF Ronald R. HALE, by its executrix, Rose HALE, Plaintiff, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, D. Massachusetts.

December 5, 2008.

Attorney(s) appearing for the Case

Edward P. O'Leary, Fitzhugh & Mariani LLP, Boston, MA, for Defendant.

Nathaniel D. Pitnof, Law Office of Nathaniel D. Pitnof, PC, Worcester, MA, for Plaintiff.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

SAYLOR, J.

This is a civil action arising out of a claim by the estate of Ronald Hale for accidental death benefits from defendant Prudential Insurance Company of America. The matter arises under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq.1

On July 23, 2006, Hale died while bicycling. Prudential...

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